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Coca-Cola Secretly Migrated From Regular Sugar To Non-nutritive Sweeteners – FCCPC

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By Gloria Ikibah 
 
The Federal Competition and Consumer Protection Commission (FCCPC) has accused Coca-Cola Nigeria Limited (Coca-Cola) and Nigerian Bottling Company Limited (NBC) for contravening the laws of consumer protection in Nigeria. 
 
 
In a statement by the management of FCCPC on Thursday in Abuja, the Commission stated that the strategy and conduct at the time appeared to possibly infringe FCCPA provisions prohibiting misleading trade descriptions, unfair marketing tactics, and questions whether some pricing strategies in certain geographical areas of Nigeria were on account of market power in the geographic areas, and as such constituted abuse of dominant market position.
 
The commission disclosed that when it commenced investigation in 2019, the company had begun a migration of their Coke brand from a formulation that included regular sugar to non-nutritive sweeteners including Fanta and Sprite.
 
The statementreads: “The migration at the time, though not concluded, apparently followed previously concluded, but undisclosed and uncommunicated migrations with respect to their other brands, to wit: Fanta and Sprite (as the Investigation will later discover).
 
“The Commission opened a formal investigation accordingly. Between June 2019 and December 2020, the Commission and Coca-Cola as well as NBC engaged repeatedly, including seeking and securing vast internal documents and production logs to determine the veracity or otherwise of allegations that were subject of investigation or explanations provided by Coca-Cola and NBC.
 
“By December 2020, the Commission was convinced based on the evidence, that Coca-Cola and NBC on multiple occasions, and counts violated, and remained in violation of the FCCPA, particularly with respect to transparency, and clear disclosure obligations to their product patrons, intentional communications in describing their Coca-Cola “Original Taste, Less Sugar “variant as one and the same, as well as unchanged, when in actual fact, same had indeed changed, was different, differently formulated and not the same as their otherwise “classic, or “Original Taste”. One of the parties also attempted to, or misled the Commission under Section 112 of the FCCPA.
 
“Coca-Cola and NBC initially sought to end the investigation and regulatory process by adopting clearer, more transparent and truthful descriptions and differentiation of the relevant variants of their products. The Commission granted this accommodation, and also gave Coca-Cola and NBC the opportunity and prerogative to propose remedies including descriptions and product differentiations that comply with applicable statutory standards 
 
“Coca-Cola, NBC, and the Commission engaged in a lengthy process of building consensus around a mutually agreed differentiation and description of the different relevant products. Coca-Cola and NBC sought an extended timeline before changing to the newly mutually agreed product descriptions and differentiations as proposed by Coca-Cola and NBC in order to exhaust existing packaging inventory, and lead time for new packaging inventory to arrive in stock. The Commission granted the extension as requested”.
 
The FCCPC further noted that on the eve of the cut-off date, and end of the extension, Coca-Cola and NBC abandoned the months of work and mutually agreed outcome with the Commission, for a different business strategy, which has turned out not to meet the applicable standards. 
 
“Over the next years, it remained abundantly apparent that Coca-Cola and NBC’s meritless efforts failed, and it became clear to the Commission that neither Coca-Cola, nor NBC desired or intended to provide transparency to consumers in a manner that complied with the standards in the FCCPA.
 
“Accordingly, the Commission concluded the then open investigation, and again engaged Coca-Cola and NBC with a view to providing sufficient remedies. Coca-Cola despite this prolonged investigation, and multiple opportunities to comply with the law, have failed to do same. Despite multiple and repeated further engagements with Coca-Cola, NBC and their respective retained legal practitioners, the current market status and consumer feedback clearly demonstrates the colossal ineffectiveness of the milder and weak differentiations Coca-Cola and NBC have adopted. 
 
“Accordingly, and considering that the conduct continues and remains, the Commission has entered, issued and served its Final order on Coca-Cola and NBC on July 29, 2024.  The Final Order contains the Commission’s findings some of which include:
 
“Misleading trade descriptions under Section 116 FCCPA by continuing to mislead consumers to believing Coca-Cola Original Taste is not materially different from Coca-Cola Original Taste “Less Sugar.”
 
“Unfair marketing tactics: Contrary to Section 124(1)(a) of the FCCPA, Coca-Cola Nigeria markets Coca-Cola Original Taste Less Sugar in packaging first, indistinguishable, and now not sufficiently distinguishable from Coca-Cola Original Taste, contrary to Sections 123(1)(a), (b), and (c) of the FCCPA.
 
“Further, Coca-Cola and NBC after regulatory intervention still failed to take appropriate steps to modify misleading behaviour demonstrating that the Companies acted intentionally by misrepresenting Coca-Cola Original Taste Less Sugar as Coca-Cola Original Taste in a deliberate business strategy”, the statement further reads.
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NUJ National Dismisses Petition Against FCT Credential Committee

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The National office of the Nigerian Union of Journalists (NUJ) has dismissed a petition seeking to disqualify Comrade Henry Umoru and Comrade Sarah Odugbo, members of the Credential Committee overseeing the Federal Capital Territory (FCT) council election scheduled for November 8th.
The petition which was submitted by  Osaretin Osadebamwen, John Chuks Onuayin, and Victorson Agbenson, called on the NUJ national leadership to remove the two officials from their roles in the committee.
However, in an official statement, the National Secretary of the NUJ, Achike Chude, declared that the petition lacked merit.
According to Chude, a thorough investigation into the allegations against Umoru and Odugbo found no evidence to support the claims or justify their disqualification from the Credential Committee.
He stated:  “A careful investigation of the complaints made against the duo did not produce any evidence to substantiate the allegations against them and the subsequent call for their disqualification from the Credential Committee set up to supervise the FCT Council election. The allegations were without merit.”
Chude reaffirmed the NUJ’s position that Comrade Henry Umoru, Comrade Sarah Odugbo, and Comrade Elizabeth Christopher Atte should continue their duties as members of the Credential Committee without any hindrance.
He further urged members of the FCT council to support the committee, providing an enabling environment to ensure the successful conduct of the election.
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Just in: Govt Imposes License Fees On WhatsApp Group Administrators

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Administrators of WhatsApp groups operating within Zimbabwe’s borders are now forced to register and secure a license from the Post and Telecommunications Regulatory Authority (POTRAZ).

The new controversial licensing requirement, outlined at a recent POTRAZ breakfast meeting, set the minimum cost for a license at $50, with fees going up to US$2,500 depending on the type of WhatsApp group.

The move has ostensibly been necessitated by the need to tighten data security and privacy for all citizens.

Information Communications Technology, Postal and Courier Services Minister, Tatenda Mavetera, said all WhatsApp group administrators will soon be required to register and obtain a license from POTRAZ to operate their groups.

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In addition to getting a license, WhatsApp group admins will be required to appoint a Data Protection Officer (DPO) trained and certified by POTRAZ.

This move is intended to ensure compliance with Zimbabwe’s Data Protection Act, which governs the handling of personal information.

Under the Act, personal data is defined as any information that can be used to directly or indirectly identify a person. Since WhatsApp group admins have access to members’ phone numbers, the government argues that these groups fall under data protection regulations.

Mavetera noted that the latest development would affect not only businesses, but also community organisations, churches, and any other groups that collect personal data

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“Even churches who collect personal data ought to have such a license and appoint a DPO,” Mavetera said.

Those found in violation of the fresh clampdown measures risk penalties, jail time, or both.

The new controversial policy, which comes against a backdrop of growing use of the popular social media application to stir political debates as President Emmerson Mnangagwa is locked in a power tussle with his deputy Constantino Chiwenga, is seen as an infringement on citizens’ right to free speech and association.

Zimbabwe joins a growing number of countries gravitating towards shutting digital spaces amid growing dissent and anger against the ruling Zanu PF party.

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Alleged Assault: Lawyers dump bolt driver for apologizing to Abia Reps member

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By Francesca Hangeior

The team of lawyers representing Mr. Stephen Abuwatseye, an Abuja based bolt driver that was allegedly assaulted by a member of the House of Representatives, Hon. Alex Mascot Ikwechegh, have withdrawn from his case.

The withdrawal, came barely 24 hours after the driver made a volte farce by tendering an apology to his alleged assaulter who had since been docked in court by the police over his action.

Hon. Ikwechegh was arraigned after he had admitted that he manhandled the e-hailing cab driver and apologized for his unbecoming conduct.

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However, in view of the recent turn of events in the matter, Abuwatseye’s lawyers said they were no longer ready to offer legal services to him.

A statement dated November 8, signed by Zainab M. Otega of Deji Adeyanju & Partners and titled: “PUBLIC STATEMENT ON THE ALLEGED ASSAULT OF MR. STEPHEN ABUWATSEYE: WITHDRAWAL OF LEGAL REPRESENTATION,” read:

“We wish to formally announce the withdrawal of our legal representation in the case involving the alleged assault of Mr. Stephen Abuwatseye.

“On October 28, 2024, Mr. Stephen Abuwatseye walked into our law firm, visibly distressed, and sought redress over an alleged assault. Following his complaint, and having verified his claim, we took steps to protect Mr. Stephen Abuwatseye’s rights, on pro bono basis, culminating in the arraignment of the alleged assaulter.

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“However, in view of recent developments and after careful consideration, we have made the decision to withdraw our legal representation in other to protect our professional integrity and maintain the highest ethical standard in the legal profession.

“We wish Mr. Stephen Abuwatseye the very best, while we assure the general public of our continuous commitment towards protecting the rights of the oppressed and indigent members of the society.”

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